High Court of Australia

Mokhlis v Minister for Home Affairs [2020] HCA 30

1 Sep 2020

Case Number: S92/2020




Administrative law – Migration – Application for constitutional or other writ – Where plaintiff transferred to Australia from Manus Island for medical treatment – Where plaintiff unlawful non-citizen – Where plaintiff held in immigration detention – Where plaintiff alleges he requested removal from Australia – Where plaintiff seeks declarations, injunctions and writ of habeas corpus in original jurisdiction of the High Court in relation to his detention – Whether remitter to Federal Circuit Court available pursuant to s 44(1) of Judiciary Act 1903 (Cth) – Whether Federal Circuit Court has jurisdiction in relation to relief sought – Where jurisdiction conferred is the same as the original jurisdiction of the High Court "under paragraph 75(v) of the Constitution" – Whether application relates to a "migration decision" for the purposes of s 476(1) of Migration Act 1958 (Cth) – Whether remitter appropriate in these circumstances.

Words and phrases – "ancillary or incidental remedies", "dispute of fact", "instituted or continued", "migration decision".

Constitution – s 75(v).

Federal Circuit Court of Australia Act 1999 (Cth) – s 10(1).

Judiciary Act 1903 (Cth) – s 44(1).

Migration Act 1958 (Cth) – ss 14(1), 189, 196, 197AB, 197AC, 198, 474, 476, 476B, 494AB.

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